In Tam Li Kam Wah Agnes, the Administratrix of the estate of Tam Michael Arthur Shiu Cheung, the Deceased, and in her personal capacity v Wong Pui Hang William, the Administrator of the estate of Wong Ian Yik, deceased and Liberty International Insurance Limited [2024] HKCFI 3580, the Court assessed damages at around HK$9 million […]

In Lam Kong So, the Administrator of the estate of Lam Chun Sing, deceased v Shui Dian Bao Air Conditioning Limited and 冼鎮浩 [2024] 4 HKLRD 708, the Court, inter alia, dismissed the Applicant’s late application for leave to insert a newly disclosed bank statement into the existing trial bundle and to adduce it as […]

The case of Chen Yung Ngai Kenneth and Chen Mei Mei v China New Investments Limited & others [2024] HKCFI 3169 was the most recent episode in the complex and long-running saga of proceedings and applications arising from the controversial bankruptcy of Ho Yuk Wah David (“David Ho”), who was adjudged bankrupt in 2011 and […]

In Ng Tung v Grand Wayfair Investment Company Ltd [2024] 5 HKLRD 285, [2024] HKCFI 2630, the Court agreed to enforce the settlement agreement embodied in the Schedule to a Tomlin Order of an adverse possession case. The facts  The Plaintiff (squatter) claims possessory title to the subject lots by way of adverse possession against […]

Recently in Poon Ki Chi (潘麒智) v Poon Chuk Hung Jason (潘焯鴻) [2024] HKCFI 3371, Jeffrey Tam (together with William Kwok) represented the successful Plaintiff in her application for an order of committal against the Defendant, a well-known figure in the society, for his breach of an injunction order by making defamatory statements and offensive […]

A debtor who had absconded was declared bankrupt in 2005, and his bankruptcy discharged automatically in 2009. He now relies on the discharge as a defence to the debt claim. Can the creditor nonetheless recover the debt by annulling the bankruptcy order made 19 years ago?   This was the conundrum in Re Zhan Xiangming [2024] […]

In So Kai Wing v Sino Estates Management Limited [2024] HKDC 1829, the Plaintiff alleged that he slipped and fell while walking in the lift lobby of a residential block. He claimed against the Defendant, who was the manager of the housing estate.    Liability   Under cross-examination, the Plaintiff admitted that he did not notice any […]

On 7 November 2024, after hearing submissions at an urgent leave hearing, the Honourable Mr Justice Coleman granted leave in HCAL 2029/2024 ([2024] HKCFI 3201) to 深圳蔚來教育有限公司, trading as SZICC (深圳國際課程中心) (“the Applicant”) to apply for judicial review of a decision of the Hong Kong Examinations and Assessment Authority (“HKEAA”) made on 28 October 2024 […]

In Charm Master Enterprises Ltd v Grand T G Gold Holdings Ltd and J. Thomson Asset Investment Ltd [2024] HKCFI 2847, Cheng J held that the Plaintiff, as the legal holder of two promissory notes (“PN D” and “PN E”), in the sums of $7.5m and $5m respectively, held them on trust for the 2nd […]

In WYM v LYM [2024] HKCA 499; [2024] 5 HKC 294, Anthony P.W. Cheung (with Lee Siu Him) successfully persuaded the Court of Appeal to allow an appeal by a licensed money lender’s (“Intervener”) against the Judge’s order that its beneficial interests in a matrimonial home (“Property”) under a mortgage created by the Husband in its […]